Chapter 6: The Judicial Branch

Question 1

Supreme Court

Answer 1

• The highest court of the United States, consisting of 8 associate justices and 1 chief justice
• The only court expressly provided for in the Constitution
• The Court began with 6 justices when it was established in 1789 - since 1869, it has had 9

Question 2

Structure/nominations of the Supreme Court

Answer 2

• Justices are nominated by the president and confirmed by the Senate
• Nominations are based on many factors, such as race, gender, religion, but mostly on ideology
• No qualifications are laid out in the Constitution to be a justice
• Justices serve life-terms “in good behavior”, unless they resign, die, or are impeached

Question 3

Restrictions on the Supreme Court (5)

Answer 3

• Congressional legislation to modify the impact of prior Supreme Court decisions
• Constitutional amendments to reverse a Supreme Court decision
• Judicial appointments and confirmations - can change Court’s ideology
• The president and states ignoring or evading Supreme Court decisions
• Legislation impacting court jurisdiction - Congress can change district lines for the District Courts and Circuit Courts of Appeals

Question 4

Chief Justice

Answer 4

• Presides over meetings
• Assigns writings of opinions (majority, dissent, and concurrent)
• Can significantly shape the Court’s decisions

Question 5

3 paths to the Supreme Court

Answer 5

1. Writs of Certiorari
   - The Court grants a writ when it agrees to hear a case
   - 4 of 9 justices must agree to hear a case (Rule of 4)
   - If the Court refuses to hear a case (only 80-100 are heard per year) then the lower court’s holding stands
   - Case may lack national importance, the issue(s) at stake are too narrow, no federal question is involved, or the Court is too divided on the matter
2. Right of Appeal
3. In Forma Pauperis Petition
   - According to federal law, any indigent who takes a “pauper’s oath” postponing payment of required fees can submit a case to a federal court
   - Most of these cases are written by inmates in federal and state prisons

Question 6

Policymaking in the Supreme Court

Answer 6

• The Supreme Court shapes policy by selecting which cases to hear
• The Court usually choose cases involving civil rights/civil liberties, a discrepancy in the lower court’s interpretation of the law, or disagreements between justices of the lower courts
• Decisions are based heavily on precedent: lower courts must follow precedents set by higher courts. Justices usually rule stare decisis

Question 7

Original jurisdiction

Answer 7

The authority of a court to hear a case for the first time

Question 8

Appellate jurisdiction

Answer 8

The authority of a court to review decisions made by lower courts

Question 9

Judicial restraint

Answer 9

The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

Question 10

Judicial activism

Answer 10

The courts can and should go beyond the applicable law to consider broader societal implications of its decisions. Where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies.

Question 11

Majority opinion

Answer 11

A written statement about a Supreme Court case decision that reflects the court’s ruling

Question 12

Concurring opinion

Answer 12

A written statement about a Supreme Court case decision that agrees with the majority but has differing opinions about the legal reasoning or rationale

Question 13

Dissenting opinion

Answer 13

A written statement about a Supreme Court case decision that disagrees with the majority opinion and ruling.

Question 14

Federal District Courts (Structure, proceedings, jurisdiction)

Answer 14

Structure:
- 94 federal district courts
Proceedings:
- Hold trials
- Primarily handle cases involving federal laws, civil laws, civil suits (between 2 states), bankruptcy proceedings, or the process of becoming a citizen
- The US Attorney in each district serves as the government’s lawyer
- In cases involving federal law, the government is the plaintiff
- In civil cases, the government can be either the plaintiff or defendant
Jurisdiction:
- Original jurisdiction
- The court assess and decides a case based on its facts. Most cases don’t continue after its first ruling

Question 15

Circuit Courts of Appeals (Structure, proceedings, jurisdiction)

Answer 15

Structure:
- 12 circuit courts
Proceedings:
- Review cases appealed from district courts, state courts, etc.
- Evaluate the treatment of the case in the district court in terms of error of procedure or the law
- Only the lawyers are present
- No jury
- 3 judges hear a case and their ruling sets a precedent for the district courts within their geographic circuit
Jurisdiction:
- Appellate jurisdiction

Question 16

Senatorial courtesy

Answer 16

Confirmation of district and circuit court judges is influenced by senatorial courtesy, by which senators of the president’s party from the state where the district is located, or in which a circuit court nominee resides, can stop confirmation or request a judge

Question 17

Decision-making process in the Supreme Court

Answer 17

• Justices read briefs pertaining to the case
• Hear oral arguments
• Meet to discuss cases
• Vote for the case
• Write and announce opinions regarding the case’s ruling

Question 18

Marshall Court (1801-1835)

Answer 18

• Lead under Chief Justice John Marshall
• Greatly enhanced federal power at the expense of states’ rights
• Initiated the practice of judicial review in Marbury v. Madison

Question 19

Warren Court (1953-1969)

Answer 19

• Lead by Chief Justice Earl Warren
• Was liberal and progressive, expanding civil and political rights

Question 20

Burger Court (1969-1986)

Answer 20

• Lead by Chief Justice Warren Burger
• More conservative court, but allowed for Roe v. Wade to pass

Question 21

Rehnquist (1986-2005) and Roberts (2005-now) Courts

Answer 21

• Lead by Chief Justices William Rehnquist and John Roberts
• More conservative
• Court began to limit (though not reverse) previous rulings

Question 22

Federalist No. 78

Answer 22

• The judicial branch should have the unique power to interpret the law and declare act of Congress unconstitutional
• The judicial branch must be an independent branch of the government
• Judges should hold their offices for life, as long as they exhibit good behavior

Question 23

Binding precedent

Answer 23

A principle that requires a lower court to follow a ruling made by a higher court in a near-identical case in order to keep the law consistent

Question 24

Persuading precedent

Answer 24

Considering past decisions made by other courts in similar cases to guide a holding

Question 25

FDR’s packing of the courts

Answer 25

• The Judicial Procedures Reform Bill of 1937, commonly referred to as the “court-packing plan,” was Roosevelt’s attempt to appoint up to one additional justice to the Supreme Court for every justice older than 70 years who had served 10 years or more. This would allow him to appoint up to six justices
• Largely seen as a political ploy to change the court’s ideology for favorable rulings on New Deal legislation, which had been struck down by the Court

Question 26

Marbury v. Madison (1804)

Answer 26

• Question: Can an appointed judge sue for his commission, and does the Supreme Court have the authority to hear and implement this request?
• Began after James Madison refused to issue commissions issued by former president John Adams during his “Midnight Judges”, in his attempt to hold Federalist power over the Court. William Marbury then sued for his commission and asked the Supreme Court to issue a writ of mandamus
• The Court ruled that an appointed judge with a signed commission could sue if denied the commission (yes). Congress could not define the Court’s authority through the Judiciary Act, as it was in contrast to Article III of the Constitution (no).
• The Court had original jurisdiction in this case, making it one of the only cases like such
• Marbury v Madison established the principle of judicial review, allowing the Court to review the constitutionality of legislative/executive actions